New Smyrna Beach DUI Policies And Procedures

Kevin J. Pitts is a a New Smyrna Beach DUI Lawyer that frequently handles Daytona Beach DUI cases. Mr. Pitts is a former Daytona Beach DUI prosecutor that has focused his practice exclusively on criminal defense, DUI defense and traffic ticket defense since 2010. Mr. Pitts has obtained the New Smyrna Beach DUI Policies and Procedures through a public records request. If you are accused of a DUI in Daytona Beach, New Smyrna Beach or the surrounding areas contact Mr. Pitts at 386-451-5112 to set up a free case evaluation.

New Smyrna Beach DUI Lawyer Kevin J. Pitts

NEW SMYRNA BEACH POLICE DEPARTMENT

NEW SMYRNA BEACH, FLORIDA

POLICY AND PROCEDURE DIRECTIVE

TITLE: TRAFFIC LAW ENFORCEMENT

NUMBER: 22-1

EFFECTIVE: 09/15

RESCINDS/AMENDS: 9-6-12

ATTACHMENTS: DHSMV Traffic Citation Procedure Manual

Diplomatic & Consular Privileges

POLICY

It is the policy of the New Smyrna Beach Police Department to provide for the safe and orderly flow of traffic through the jurisdiction by encouraging public compliance with traffic laws. It is policy of the department to enforce the vehicular and traffic law in a uniform manner. Uniform traffic citations will be completed in accordance with the DHSMV Traffic Citation Procedure Manual.

PROCEDURE

22.1.1 The Operations Division shall have primary responsibility for the enforcement of the Florida traffic laws, local traffic and parking ordinances.

22.1.2 Uniformed officers should, when appropriate, take enforcement action when a violation of a traffic law 22.1.3 Patrol Sergeants are responsible for:

22.1.4 Marked patrol vehicles shall be used for traffic law enforcement. Special purpose vehicles (unmarked cars, trucks, vans, etc.) will not be used for traffic enforcement activities unless properly equipped with emergency lights and siren. (CFA 17.08M-A)

 Officers engaged in traffic law enforcement activities may use traffic radar. Officers using traffic radar shall be certified in the operation of traffic radar. Directive 22-1 Traffic Law Enforcement (pdf) Rev. 09/15

TRAFFIC STOPS & STOPS OF UNKNOWN RISK

22.1.5 Officers may stop vehicles when they reasonably suspect that the driver or other occupants are in violation of law. Officers should be prepared to articulate the actual reason the stop was conducted.

22.1.6 Officers should stop the violator vehicle as soon as practical after the traffic offense has been committed. The following applies to emergency and non-emergency traffic stops. While initiating a traffic stop, officers should: (CFA 22.04M)

 Turn on the emergency lights; (CFA 22.04M-A)

 Activate the siren as necessary; (CFA 22.04M-B)

 At night, illuminate the stopped vehicle with the police vehicle headlights and spotlight; Hazard warning lights may be used in accordance with FS 316.2397. (CFA 22.04M-C,D)

 Use the public address system as appropriate to the situation; (CFA 22.04M-E)

 Activate the video recorder if equipped.

22.1.7 Officers conducting traffic stops must inform the Communications Center that they are stopping a

 The exact location, with the closest cross street; License plate number of the vehicle;

 A brief description of the vehicle and number of occupants.

TRAFFIC ENFORCEMENT DISCRETION

22.1.8 Officers shall take appropriate enforcement action for traffic violations. They may use discretion in determining the nature of the enforcement action taken (written warning, UTC, parking ticket) in cases of minor violations. Such minor violations include, but are not limited to: (CFA 22.03M)

 When a motorist has committed several violations, which include some minor infractions (equipment violations, etc.) officers have the option of citing the motorist for the serious violations and warning the motorist regarding the other infractions. (CFA 22.03M-G, J, K)

 DWLS (Unknowingly): This is a payable moving infraction and can only be used if the violator was suspended for failing to pay a fine or for financial responsibility. It is three-point violation, and the violator may elect the school option if he/her meets the criteria. This subsection cannot be used if the violator admits that he/she knew the license was suspended, nor can it be applied to habitual traffic offenders or commercial motor vehicle drivers.

 DWLS (Knowingly): This is a criminal offense with a mandatory court appearance. The officer must specify the reason the license was suspended and the number of previous convictions in the comment section of the citation.

 DWLS (Habitual Traffic Offender): Any person specified as a Habitual Traffic Offender charged and convicted under this statute is guilty of a third degree felony.

 DWLS (Commercial Motor Vehicle Driver): When this subsection is used to charge a violator, the Directive 22-1 Traffic Law Enforcement (pdf) Rev. 09/15 officer must specify previous convictions in the comment section of the citation. See statute for specific degrees of offense based on prior convictions. 22.1.10 The preferred action for all felony/ DUI violators is a physical arrest. Misdemeanor crimes, including driving with a suspended license, will be evaluated by the officer and either a physical arrest or criminal citation may be issued. (CFA 22.03M-A, 22.05M)

PUBLIC CARRIER/ COMMERICAL VEHICLES

22.1.11 Public carriers and commercial vehicles must comply with all applicable laws, rules and regulations.

 Officers may summon assistance from the Highway Patrol or Department of Commercial Motor Vehicle Compliance for special equipment needs.

SPECIAL SITUATIONS

22.1.12 All violators shall be treated in the same courteous manner regardless of their address, race, nationality, or gender. (CFA 22.01A)

22.1.13 Members should reference the attachment for a list of diplomats or consular officials subject to traffic

JUVENILES

(CFA 22.01B)

22.1.14 Juveniles are issued uniform traffic citations and handled in the same manner as adults for traffic violations with the following exceptions:

 When a juvenile is arrested for driving under the influence the officer shall contact the Division of Juvenile Justice Intake Office (DJJ) to determine where the juvenile should be transported for the detainment period specified in FS 316.193.

 If the charge is a felony charge for leaving the scene of an accident involving death or personal injury,

316.027; A SA-707 will be completed in addition to the citation. DJJ will be contacted and will determine if the juvenile should be held secure or released.

 In addition to the citation an SA-707 will be completed for a misdemeanor violation of:

o Leaving the scene of an accident with property damage, 316.061;

o Fleeing or attempting to elude a police officer, 316.1935;

o DUI, 316.193;

o Reckless driving, 316.192;

o Making false accident report, 316.067;

o Willfully failing or refusing to comply with any lawful order or direction of any police officer or member of the fire department, 316.072.

PARKING ENFORCMENT

22.1.15 Parking enforcement is the responsibility of the Operations Division. Parking regulations shall be enforced with reasonableness and impartiality. Officers shall:

 Enforce parking regulations pursuant to state laws and local ordinances;

22.1.16 Unlawfully parked vehicles may be towed when they present a hazard or obstruction to traffic. The vehicles shall be cited and towed in accordance with Directive 25-1 Vehicle Towing/Impoundment Procedures.

 The New Smyrna Beach Parking Violation Citation or UTC will be the only forms used to cite city and state parking violations. The citation must include a description of the illegally parked vehicle, the location, the nature of the violation, and the amount of fine.

 The citation shall be issued to the driver if the motor vehicle is attended or if the driver can be located within a reasonable period of time. If the vehicle is unattended, the officer shall issue the ticket to the registered owner and attach the ticket to the vehicle in a conspicuous place.

 When issuing the citation to a vehicle, the officer will conduct a check on the vehicle license tag to insure that the tag and vehicle match. No parking citation will be issued if teletype confirmation of the vehicle tag and description cannot be made.

DUI

(CFA 22.03M-A, 22.06M)

22.1.17 If sufficient probable cause has been established, and all elements of the DUI violation have been clearly established, the officer shall advise the subject that he/she is under arrest.

 The officer shall immediately notify Communications of the arrest. This will be the official time of

 The defendant will be asked if he/she will submit to a breath test. If the defendant refuses to submit to

 The defendant will be searched and seat-belted inside a caged department vehicle. (CFA 17.09M,

 The officer shall make appropriate disposition of the defendant’s vehicle and property in accordance

 The defendant shall be transported to the Police Department for testing and processing.

 If the subject’s BAC is less than .05 G/210L, the officer should investigate for drug usage or medical testing per Florida’s implied consent law the officer will read the defendant the Florida Implied

Consent Law and the associated penalties.

 An officer may require a person to submit to blood testing only when the officer has probable cause to

 A Blood Withdrawal FDLE/ICP Form will be completed when applicable and attached with the

 Upon receipt of laboratory results indicating a BAC level of .08% or higher, or indicating the presence with Directive 25-1 Vehicle Towing/Impoundment Procedures (or authorized alternatives), arrange for transportation and safety of any passengers conditions that may be the cause of impairment.

o Those suspected of being under the influence of drugs will be requested to provide a urine or blood sample for drug testing believe that the driver was the operator of a vehicle involved in a crash resulting in serious bodily injury or death pursuant to provisions and restrictions of FS 316.1933(1) – see the DHSMV Affidavit of Refusal form for details. Absent consent, exigent and unusual circumstance a search warrant will be required to obtain a blood sample. (Blood Draw Guide) original paperwork of drugs, the subject will be charged on a standard UTC. The officer will indicate ‘issue by warrant’ on the offender signature line.

22.1.18 When sufficient evidence of impairment pursuant to FS 316.1934(2)(b) .000 to .079 BAC – exists to establish probable cause for arrest, officers shall charge under this statute and transport the arrestee to the county jail. Every effort will be made to gather evidence through the observations of the officer and appropriate testing.

Directive 22-1 Traffic Law Enforcement (pdf) Rev. 09/15

22.1.19 If the offender becomes ill, unconscious, or otherwise incapacitated, medical assistance will be provided. If incapacitation occurs prior to the taking of a breath sample, and a blood sample is taken resultant of the examination/admittance process, officers may subpoena the blood test result and or request a search warrant to seize the blood sample if preserved.

 If a driver refuses to provide a blood sample and has been taken to a medical facility, officers should ask medical personnel if blood was drawn resultant of the examination/admitting procedure. If a sample was taken officers may request a subpoena for the blood information and/or make application for a search warrant to seize the blood sample. Officers should not request the blood draw as the request may be determined to circumvent the warrant requirement.

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About daytonabeachduiattorney

Daytona Beach DUI attorney Kevin J. Pitts handled over 5,000 cases as a DUI prosecutor and defense attorney. Mr. Pitts has successfully completed the 16 hour breath test operator course in Seminole County giving him valuable insight into the Intoxilyzer 8000. If you are fighting a breath test you should have a Volusia County DUI lawyer that not only has been tested on the Intoxilyzer 8000 but who also knows how to operate it. The Law Offices of Kevin J. Pitts has offices in Daytona Beach and Sanford.
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